The Biden DOJ’s Blow to Free Expression

AP Photo/Richard Vogel

The last days of the Biden administration were full of activity: pardons, executive orders, and a one-day ban of the app TikTok. Thankfully, President Donald Trump has given TikTok a 90-day reprieve to convince the Trump administration that they are taking appropriate steps to allay the national security concerns of the new administration.

Advertisement

The Department of Justice under President Joe Biden stumbled in a way that undercut American values but also set a troubling precedent for future administrations. Its move to ban TikTok—a platform central to modern free expression and democratic engagement—reflected a dangerous overreach, one that failed both the American people and the principles of an open society.

TikTok, the most popular social media app among younger generations, has become a unique space free from entrenched media biases. It fosters unfiltered creativity, genuine debate, and grassroots engagement, offering a level playing field for users across the ideological spectrum. Unlike traditional platforms that often favor establishment narratives, TikTok thrives on authenticity, making it a rare bastion of free expression.

The controversial social media app TikTok, known for short video presentations from its dedicated users, had its services restored on January 20, 2025. Individuals who had the app could use it again after a one-day ban, but reports indicate that app stores are currently not allowing users to download the TikTok app on iPhones and Samsung devices, leading to a secondary market for phones with the app pre-installed. CNBC is reporting that there are a number of potential American-based buyers like Elon Musk, Larry Ellison of Oracle, or "Jimmy" Donaldson, AKA "Mr. Beast." Meta or Google could even make a play to buy the app, which would avoid a ban pursuant to legislation passed by Congress and signed by President Joe Biden in April of last year. The law survived a challenge at the U.S. Supreme Court earlier this month. Right now, the future of the app is in doubt when the 90-day extension expires in April of this year. Without further legal developments or extensions, the app may face significant restrictions or even be forced to shut down.

Advertisement

Ironically, Biden’s campaign attempted to leverage this very platform during the election, albeit clumsily and without much success. The attempted shutdown of TikTok before a political rival—one far more effective on the platform—took office reeked of hypocrisy. Using TikTok when it was politically advantageous, then turning against it under the guise of national security, raises serious questions about the Biden administration’s motive.

The move put the incoming Trump administration in a precarious position, stripping it of a vital tool to connect with Americans, particularly younger voters. Thankfully, President Trump has remedied the situation, yet the law still needs to be repealed or modified. Moreover, one of the final acts of the Biden administration reveals a deeper flaw in the Biden DOJ approach: prioritizing control over dialogue that betrayed the democratic values they purported to uphold.

The DOJ’s ban on TikTok was a profound misstep, one that eroded trust, stifled expression, and sent a chilling warning. When a government silences a platform for political convenience, it compromises its moral standing and undermines the principles of free expression.

On his first day as the 47th president, Trump took the bold step to restore that faith in government that allows the American people to make informed decisions about the app. Many will not want to use it because they fear their data being compromised. Many stay away from social media apps altogether because they don’t like the idea of being targeted for advertisements, even though that is the price they pay to use social media. Some will use TikTok with eyes wide open and embrace an app that has proven to be a means to make a living for many social media influencers. That is the American way!

Advertisement

The First Amendment to the Constitution is inviolable and is first in the Bill of Rights. These rights can’t be legislated out of existence nor taken away with an executive order. The right to free expression is clearly part of what happens on all social media apps and played a big role in the past election. President Trump has an opportunity to right one of the wrongs of the Biden administration—if he handles the next 90-day window in a way that preserves free expression. 

Recommended

Trending on PJ Media Videos

Join the conversation as a VIP Member

Advertisement
Advertisement